CHICAGO, June 12, 2024 — The American Dental Association (ADA) filed an amicus (friend of the court) brief to the United States Supreme Court seeking review of a decision from the U.S. Tenth Circuit Court of Appeals concerning the overly broad application of so-called ERISA preemption of state statutes directed to administrative aspects of self-funded health care plans. Last year, the Tenth Circuit decided against the state of Oklahoma and, in doing so, took a very expansive view of ERISA preemption despite the recent Supreme Court decision in Rutledge v. Pharmaceutical Care Management Association that makes it clear ERISA preemption is not extensive. The ADA brief supports the state of Oklahoma’s position that state laws such as the one it passed should not be preempted by ERISA.
The Employee Retirement Income Security Act of 1974 (ERISA) regulates the administration of employee benefit plans, including dental care. However, some insurance carriers administering self-funded plans argue that since ERISA is a federal law, it supersedes, or ‘preempts’ state insurance laws that protect patients and providers. In the Amicus brief, the ADA and other health care providers ask the Supreme Court to review a case to clarify a lower court’s ruling to stop insurers from taking an unfair advantage of ERISA’s authority and to comply with the state laws officials pass and enforce in the US.